Convention of August 12, 1949 relating to labor of prisoners of war or for inhumane treatment by the hostile force by which he was held.

(c) Compensation under paragraphs (a) and (b) of this section will be paid to the prisoners of war or a qualified applicant on a lump-sum basis at a total rate of $5 per day for each day the prisoner of war was entitled to compensation.

§ 507.18 Entitlement of survivors to award in case of death of prisoner of war.

In case of death of a prisoner of war who would have been entitled to an award of compensation under section 6(f) (2) and (3) of the War Claims Act of 1948, as amended, such compensation shall be awarded to, and if claim is made, only to the following persons: (a) Widow or husband if there is no child or children of the deceased; (b) widow or husband and child or children of the deceased, one-half to the widow or husband and the other half to the child or children of the deceased in equal shares; (c) child or children of the deceased (in equal shares) if there is no widow or husband; and (d) parents (in equal shares) if there is no widow, husband, or child.

§ 507.19 Members of the Armed Forces of the United States precluded from receiving award of compensation.

Any member of the Armed Forces of the United States, who at any time, voluntarily, knowingly, and without duress gave aid to or collaborated with, or in any manner served any force hostile to the United States is precluded from receiving an award of compensation based on his capture and internment.

Subpart C-Persons Captured While Assigned to Duty on Board the U.S.S. Pueblo

§ 507.25 Persons eligible for compensation as a prisoner of war.

The term "prisoner of war" as it relates to claims under section 6(e) of the War Claims Act of 1948, as amended under Pub. L. 91-289 [84 Stat. 3231, applies to any person (military or civilian) assigned to duty on board the

U.S.S. Pueblo who was captured by the military forces of North Korea on January 23, 1968, and thereafter held prisoner by the Government of North Korea for any period of time ending on or before December 23, 1968. Such persons are entitled to receive compensation to the same extent as prisoners of war under the provisions of section 6(e) of the Act.

§ 507.26 Persons assigned to duty on board the U.S.S. Pueblo.

Persons assigned to duty on board the U.S.S. Pueblo at the time of its capture by the Government of North Korea shall be established by certification of the appropriate agency of the U.S. Government.

§ 507.27 Geneva Convention of July 27, 1929.

The Geneva Convention of July 27, 1929 is the "Convention of July 27, 1929, Relative to The Treatment of Prisoners of War" entered into between the United States and other powers at Geneva, Switzerland, on July 27, 1929, to the observance of which the United States, among other signatory powers, subsequently became bound.

§ 507.28 Rate and basis for award of compensation.

(a) Compensation allowed a prisoner of war under sections 6(e)(2) of the War Claims Act of 1938, as amended will be paid at the rate of $1 per day for each day he was held as a prisoner of war on which the hostile force by which he was held as a prisoner of war, or its agents, failed to furnish him such quantity or quality of food in accordance with the standards prescribed for prisoners of war under the terms of the Geneva Convention of July 27, 1929.

(b) Compensation allowed a prisoner of war under the terms of section 6 (e)(3) of the Act, will be paid at the rate of $1.50 for each day the hostile force by which he was held as a prisoner of war, or its agents, failed to meet the conditions and requirements of the Geneva Convention of July 27, 1929, relating to labor of prisoners of war and for inhumane treatment by

the hostile force by which he was held.

(c) Compensation under paragraphs (a) and (b) of this section will be paid to the prisoner of war or a qualified applicant on a lump-sum basis at a total rate of $2.50 per day for each day the prisoner of war was determined eligible to receive compensation.

507.29 "Hostile force" defined.

The term "hostile force" as used under section 6(e) as amended, relating to claims of persons who were captured and held prisoners while assigned to duty on board the U.S.S. Pueblo, means the Government of North Korea, or its agents.

507.30 Survivors entitled to award of compensation.

In case of death of any person who was captured and held as a prisoner while assigned to duty on board the U.S.S. Pueblo and who would have been entitled to an award of compensation under sections 6(e) (2) and (3) of the War Claims Act of 1948, as amended, such compensation shall be awarded to, and if claim is made only to, the following persons: (a) Widow or husband if there is no child or children of the deceased; (b) widow or husband and child or children of the deceased, one-half to the widow or husband and the other half to the child or children of the deceased in equal shares; (c) child or children of the deceased (in equal shares) if there is no widow or husband; and (d) parents (in equal shares) if there is no widow, husband, or child.

§ 507.31 Persons precluded from receiving awards.

Any person under the provisions of section 6(e) of the act who, at any time, voluntarily, knowingly, and without duress, gave aid to or collaborated with, or in any manner served any hostile force is precluded from receiving an award of compensation based on his capture and internment.

Sec.

PART 508-PAYMENT

508.1 Payments under the War Claims Act of 1948, as amended by Pub. L. 91-289. 508.2 Payments to persons under legal dis

ability.

508.3 Reissuance of awards.

AUTHORITY: Sec. 2, 62 Stat. 1240, as amended; 50 U.S.C. App. 2001.

SOURCE: 35 FR 14459, Sept. 15, 1970, unless otherwise noted.

§ 508.1 Payments under the War Claims Act of 1948, as amended by Pub. L. 91289.

(a) Upon a determination by the Commission as to amount and validity of each claim filed pursuant to sections 5(i), 6(e) as amended, and 6(f) of the War Claims Act of 1948, as amended, any award made thereunder will be certified by the Commission to the Secretary of the Treasury for payment out of funds appropriated for this purpose, in favor of the civilian internee or prisoner of war found entitled thereto.

(b) Awards made to survivors of deceased civilian internees or prisoners of war, will be certified to the Secretary of Treasury for payment to the individual member or members of the class or classes of survivors entitled to receive compensation in the full amount of the share to which each survivor is entitled, and if applicable, under the procedure set forth in § 508.3, except that as to persons under legal disability, payment will be made as specified in § 508.2.

§ 508.2 Payments to persons under legal disability.

Any award or any part of an award payable under section 5(i), 6(e) as amended, and 6(f) of the act to any person under legal disability may, in the discretion of the Commission, be certified for payment for the use of the claimant, to the natural or legal guardian, committee, conservator or curator, or if there is no such natural or legal guardian, committee, conservator or curator then, in the discretion of the Commission, to any person, including the spouse of such person, or the Chief Officer of the hospital in

§ 509.3 Notification to claimant.

Upon receipt of such a request the Commission shall schedule a hearing and notify the claimant as to the date and place such hearing is to be held. No later than 10 days prior to the scheduled hearing date, claimant shall submit all documents, brief, or other additional evidence relative to an appeal from the award.

§ 509.4 Failure to file request for hearing.

The failure to file a request for a hearing within the period specified in § 509.2 will be deemed to constitute a waiver of right to such hearing and the decision of the Commission shall constitute a full and final disposition of the case.

§ 509.5 Purpose of hearing.

(a) Such hearings shall be conducted by the Commission, its designee or designees. Oral testimony and documentary evidence, including depositions that may have been taken as provided by statute and the rules of practice, may be offered in evidence on claimant's behalf or by counsel for the Commission designated by it to represent the public interest opposed to the allowance of any unjust or unfounded claim or portion thereof, and either may cross-examine as to evidence offered through witnesses on behalf of the other. Objections to the admission of any such evidence shall be ruled upon by the presiding officer.

(b) Such hearings may be stenographically recorded either at the request of the claimant or at the discretion of the Commission. Claimants making such a request shall notify the Commission at least 10 days prior to the hearing date. When a stenographic record of a hearing is ordered at the claimant's request, the cost of such reporting and transcription may be charged to him.

(c) Such hearings shall be open to the public.

8 509.6 Résumé of hearing, preparation of.

Upon such hearing, the hearing officer shall prepare a résumé of the hearing, specifying the issues on which the hearing was based, list of documents and contents, and other items relative

to such questions introduced as evidence. A brief analysis or oral testimony shall also be prepared and included in such résumé of the hearing not stenographically reported.

§ 509.7 Action by the Commission.

After the conclusions of such hearing and a review of the résumé, the Commission may affirm, modify, or reverse its former action with respect to such claim, including a denial or reduction in the amount of the award theretofore approved. All findings of

the Commission concerning the persons to whom compensation is payable, and the amounts thereof, shall be conclusive and not reviewable by any court.

§ 509.8 Application of other regulations.

To the extent they are not inconsistent with the regulations set forth under provisions of Subchapter B, other regulations of the Commission shall be applicable to the claims as provided under Pub. L. 91–289.

§ 531.1 Time for filing.

(a) Claims under Title III of the Act shall be filed with Commission on or before September 30, 1956, except that claims pursuant to section 305 (Soviet claims) shall be filed on or before March 31, 1956.

(b) Claims under Title IV (Czechoslovakian claims) of the Act shall be filed with the Commission on or before September 15, 1959.

(c) Claims under Title I of the Act (Polish claims) shall be filed with the Commission on or before March 31, 1962.

(d) Claims under Title V of the Act (Cuban claims) shall be filed with the Commission on or before May 1, 1967.

(e) Claims under Title I of the Act pursuant to the Yugoslav Claims Agreement of November 5, 1964, shall be filed with the Commission on or before January 15, 1968.

(f) Claims under Title V of the Act against the Chinese Communist regime shall be filed with the Commission on or before July 6, 1969.

(g) Claims against the Governments of Bulgaria, Rumania, and Italy, in accordance with the Bulgarian Claims Agreement of July 2, 1963, the Rumanian Claims Agreement of March 30, 1960, and subsections (b) and (c) of section 304, title III of the International Claims Settlement Act of 1949, as amended by Public Law 90-421, re

spectively, must be filed with the Commission on or before June 30, 1970.

(h) Claims against the Government of Hungary, in accordance with the Hungarian Claims Agreement of March 6, 1973, subsection (5) of section 303, and claims referred to under subsection (d) of section 306, Title III of the International Claims Settlement Act of 1949, as amended by Pub. L. 93-460, approved October 20, 1974, must be filed with the Commission on or before May 15, 1975.

(i) Claims under Title VI of the Act against the German Democratic Republic shall be filed on or before May 16, 1978.

(j) Claims under Title VII of the Act against Vietnam shall be filed on or before July 31, 1982.

(k) Claims under Section 5(a) of Public Law 97-127, the Czechoslovakian Claims Act of 1981, must be filed on or before October 31, 1982.

(Pub. L. 96-606; 22 U.S.C. 1642)

[28 FR 13498, Dec. 13, 1963, as amended at 30 FR 13870, Nov. 2, 1965; 32 FR 413, Jan. 14, 1967; 32 FR 15641, Nov. 10, 1967; 33 FR 232, Jan. 6, 1968; 35 FR 82, Jan. 3, 1970; 39 FR 40249, Nov. 15, 1974; 42 FR 24741, May 16, 1977; 46 FR 26062, May 11, 1981; 47 FR 10851, Mar. 12, 1982]

§ 531.2 Form, content and filing of claims.

(a) Claims shall be filed on official forms provided by the Commission upon request in writing addressed to the Commission at its principal office at Washington, D.C., shall include all of the information called for in the appropriate form indicated below, and shall be completed and signed in accordance with the instructions accompanying the form.

(b) FCSC Form 285-Statement of Claim Against the Government of (Bulgaria, Hungary, Rumania, Italy, Soviet Union).

(c) FCSC Form 604-Claim against the Government of Czechoslovakia.